ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P No.D-1143 of 2016

DATE        ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objection

2. For Katcha Peshi.

3. For hearing of MA 7851/16

01.07.2016.

Mr. Bashir Ahmed Almani, Advocate for petitioner.

                        Mr. Zulfiqar Ali Rajput, Standing Counsel.

                                                                        -.-.-.

Mr. Muhammad Arshad S. Pathan has filed vakalatnama for HESCO, which is taken on record.

Admittedly the petitioner has challenged the demand raised by the HESCO in the sum of Rs.5,42,878/- for a period commencing from July 2013 to May 2016. He has also raised the issue that the consumed units mentioned in the bills are beyond the consumption of the petitioner and it is added in the bill without proper meter reading or there must be some defect or default in the apparatus. Mr. Muhammad Arshad S. Pathan learned counsel invited our attention to Page-41 i.e the bill for the month of January 2015 in which arrears of Rs.99838/- has been shown and he submits that since then no payments have been made on account of arrears so in each and every bill the arrears are added. The complicated and controversial issues cannot be decided in the constitutional jurisdiction which is well settled proposition of law. In this case also the evidence is required and appropriate forum has already been created under the Electricity Act under Section 26(6) where the petitioner may avail the remedy and file appropriate application to the Electric Inspector. However, Mr. Muhammad Arshad S. Pathan submits that if the petitioner agrees to deposit at least Rs.1,00,000/- on account of arrears then the electricity connection will be restored and the petitioner may also approach to the Electric Inspector so that this matter may be resolved in accordance with the law. Learned Counsel for the petitioner accepted this proposal, therefore, this petition is disposed of alongwith pending application in the following terms:-

1. As soon as the petitioner/consumer approaches the HESCO for issuing bill of Rs.1,00,000/-for depositing against the arrears, the bill will be issued and on payment HESCO will restore the electricity of the petitioner’s house.

2. The petitioner will also continue to pay the current bills regularly.

3. After depositing the arrears of Rs.1,00,000/-, the petitioner will file appropriate application to the Electric Inspector incorporating all his issues and grievances and if any such application is filed, the Electric Inspector shall decide the same within three months after providing ample opportunity of hearing to the petitioner.

4. The part payment of amount of arrears as agreed above, shall be adjusted according to the order of the Electric Inspector.                                                                                

                                                                                    JUDGE

JUDGE

Ali Haider